MIDTERM 3: Domestic Violence Flashcards
what is temporary exclusive possession ?
victims can remain in the home and have complete possession (so they dont have to be inconvinienced into leaving to a safer place)
what is an emergency protection order ?
used to remove offender from the home and prevent their return
woman report higher rates of domestic violence compared to men. t or f
False, they are both relatively even
discuss intimate terrorism
- one partner attempts to control the other
- clear pattern -> violence worsens over time and becomes more frequent
- perpetrator usually male
describe intimate terrorism’s “cycle of violence”
begins
- tension builds
- one parter taking it out on other
- abuser is reinforced for the violence (abuser begins to experience s reduction in the violence)
- victim provokes violence (way for them to exert some control over how and when it happens)
- honeymoon phase
- abuser appologizes
- victims reinforced to stay in relationship
- after time passes, violence gets more severe
- victims encounter learned helplessness
- battered woman syndrome
several jurisdictions have introduced as a response to the criminal law response to domestic violence
domestic violence courts
discuss common couple violence
- couple has an argument and lashes out against the other
- common in males and females
- doesnt tend to worsen over time
what case was instrumental in recognizing the unique dynamics of domestic violence where the victim kills the abuser?
Lavallee
how does family law keep victims quiet?
fear of losing their children
- can trigger investigations from child services
the “cycle of violence” pertains to which category of domestic violence?
Intimate terrorism
what is battered woman syndrome? what does this belong to?
victims encountering learned helplessness because they cant control the violence and they stay
cycle of violence in intimate terrorism
what are the preventative measures proposed by the court with regard to domestic violence? what are there downfalls
- recognizances
- bail desicions and conditions
- firearms legislation
offenders mostly ignore these measures
what is the crime of domestic violence?
trick question!! there is no such crime as domestic violence BUT there are offences related to it
- criminal harrassment
- assault
- uttering threats
- sexual assault
- ect
what is pro-charging and pro-prosecution with regards to criminal law responses to domestic violence
pro-charging (police)
- 0 tolerance stance
- all cases require police to lay charges and crown prosecutors to prosecute on all cases
prompted by feminist groups
removes responsiblity from victims
frame domestic violence as a crime and not a family matter
problems
- assumes victims want to end relationsihp
- victim dependant on abuser financially
- victim can get arrested for violent resistance
- disempowering
- knowledge in these policies silence women in calling for help
discuss the lavallee ruling. what section was it in the powerpoint notes?
criminal law responses to domestic violence
- reognizes the unique dynamics of domestic violence where the victim kills the abuser
- original trial found her not guilty
- appeals court repealed
- SCC ruled in her favour
- the reason was whether or not expert witness testimony for battered women would be used or not used in court
- immanency requirement not appropriate here
